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Tuesday, October 18, 2011

Speed Law in New Jersey

Speed Law in New Jersey

More details from http://www.nhtsa.dot.gov/people/injury/enforce/speedlaws501/toc/njspeed.pdf

JURISDICTION: NEW JERSEYThis chapter summarizes New Jersey State statutes related to speed.General Reference: New Jersey Statutes Annotated and New Jersey Administrative Code(NJAC)

Basis for a Speed Law Violation:

Basic Speed Rule: A person shall drive a vehicle at an appropriate reduced rate of speed whenspecial hazard exist with respect to pedestrians or other traffic or by reasonof weather or highway condition.1 Required reduced rates of speed alsoincludes (1) approaching and crossing an intersection or railway gradecrossing, (2) approaching and going around a curve, (3) approaching a hillcrease and (4) traveling upon any narrow or winding roadway. '39:4-98(&3)

Statutory Speed Limit:See Other below.I. 65 MPH on selected portions of State eligible public highways2 asdetermined by the State Commissioner of Transportation in consultationwith the State attorney general, the N.J. Highway Authority and the N.J.Transportation Authority ''39:4-98.4 & 39:4-98.5II. It is prima facie unlawful for a person to exceed the following speedlimits. '39:4-981) 55 MPH on all other highways '39:4-98 (&1)2) 35 MPH in suburban business or residential district '39:4-98 (&1)3) 25 MPH in a (non-suburban) business or residential district '39:4-98(&1)4) 25 MPH either when passing through a school zone during recess, whilechildren are visible from the highway or when children are either going toor leaving a school during opening and closing hours. '39:4-98 (&1)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Commissionerof Transportation on State highways or local governments on highwaysunder their jurisdiction, may increase or decrease the above speed limits.These new limits will be the prima facie lawful speed limits.3 ''39:4-8(b)& 39:4-98 (&2)II. The State Highway Commissioner or a local government on highwaysunder their jurisdiction may designate the right-hand lanes of

1I. On highways under the jurisdiction of the South Jersey Transportation, New Jersey Turnpike or the New Jersey Highway Authorities,a person shall operate a vehicle at a careful and prudent speed, having due regard to the rights and safety of others and to the traffic, surfaceand width of the highway and any other conditions then existing; no person shall operate a vehicle at a speed as to endanger life, limb orproperty. ''27:12B-18(c), 27:23-27 & 27:25A-21(c) II. On highways under the jurisdiction of the Port Authority of New York and NewJersey, persons shall not operate a vehicle at a speed so as to endanger unreasonably or to be likely to endanger unreasonably persons orproperty. ''32:1-154.3 & 32:1-154.18(2)2An Aeligible public highway@ is a Apublic highway@ which includes Apublic roads, streets, expressways, freeways, parkways, motorways andboulevards, including bridges, tunnels, overpasses, underpasses, interchanges....@ '27:1B-3(l) Public highways, under the jurisdiction of eithercounties or municipalities, are not eligible for the 65 MPH speed limit. '39:4-98.4 (&3)3Via an emergency order, the State Commissioner of Transportation may establish speed limits for up to 60 days on any public highwaybased on emergent conditions such as construction work, dangerous conditions, extreme congestion or traffic problems, imminent peril orimminent risk to motorists or to the public safety. '39:4-98.9Basis for a Speed Law Violation:(continued)

Posted (Maximum) Speed Limit: (continued) traffic for slow moving vehicles and inside lanes for traffic moving at thedesignated speed. '39:4-88(d)III. The South Jersey Transportation, New Jersey Turnpike and the NewJersey Highway Authorities may establish speed limits on the highwaysNEW JERSEY

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to impedeor block the normal and reasonable movement of traffic. ''27:12B-18(d),27:23-27 (&2), 27:25A-21(d) & 39:4-97.1II. When driving on the inside lane of a highway which has beendesignated for the use of traffic proceeding at the posted speed limit, aperson shall drive at approximately the speed authorized and shall notdecrease their speed so as to unnecessarily block, hinder or retard traffic.'39:4-88(d)

Posted (Minimum) Speed Limit:

Other: I. The State Commissioner of Transportation may restrict the maximumspeed for trucks weighing =10,000 lbs. on highways with maximum speedlimits =50 MPH. However, such reduced limit can only be 5 MPH belowthe normal speed limit. '39:4-98.1II. A person shall not operate a motor vehicle >4 MPH across a sidewalk.'39:4-100

4On highways under the jurisdiction of the South Jersey Transportation or the New Jersey Highway Authorities, either (1) a speeding, (2)reckless driving or (3) careless driving offense that results in either death, serious injury or property damage >$5,000 is respectively a crime ofthe third degree or a high misdemeanor. ''27:12B-18(k) & 27:25A-21(k) The sanctions for a Crime of the Third Degree/High Misdemeanorare an imprisonment from 3 to 5 years and/or a fines of not more than $15,000. ''2C:43-1(b), 2C:43-3(b) & 2C:43-6(a)(3)5Statutory law does not provide a clear classification for this type of offense. However, State supreme court decisions appear to hold thatthey are petty offenses. E.g., State v. Schreiber, 585 A.2d 945 (N.J. 1991)6The following sanctions appear to apply for speeding on highways under the jurisdiction of the Port Authority of New York and NewJersey such as to endanger unreasonably or to be likely to endanger unreasonably persons or property: Imprisonment for not more than 60days and/or a fine of not more than $500. ''32:1-154.16 & 32:1-154.21 See Footnote No. 5.

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Sanctions Following an Adjudication of a Speed Law Violation:(continued)

7One dollar ($1) is add to any fine for the Body Armor Replacement Fund and $1 is also added for the N.J. Spinal Cord Research Fund.'39:5-41(d) & (e)8Construction Zone. The fine amount is double for a violation committed in an area of highway construction or repair. '39:4-203.5(b)9Point System. I. For the indicated point accumulations in a period of 2 years or less, the following suspension periods apply: 12 to 15points-30 days suspension; 16 to 18 points-60 days suspension; 19 to 21 points-90 days suspension; 22 to 24 points-120 days suspension; 25 to27 points-150 days suspension; and =28 points-180 days suspension. For the indicated point accumulations in a period greater than 2 years,the following suspension periods apply: 15 to 18 points-30 days suspension; 19 to 22 points-60 days suspension; 23 to 26 points-90 dayssuspension; 27 to 30 points-120 days suspension; 31 to 35 points-150 days suspension; and =36 points-180 days suspension. '39:5-30.8 &NJAC '13:19-10.2(a) II. The following points have been assigned to speeding and speed related violations: Racing on highway-5 points;reckless driving-5 points; careless driving-2 points; slow speed blocking traffic or not maintaining the proper speed in a designed traffic lane-2points; exceeding speed limit =1 but =14 MPH-2 points; exceeding speed limit =15 but =29 MPH-4 points; exceeding speed limit =30-5

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Term of License Withdrawal(Days, Months, Years, etc.): Suspension via a Point System-30 to 180 days '39:5-30.8 However, if aperson has had 3 suspensions within 3 years, discretionary suspension forup to 3 months. '39:5-30bMandatory Minimum Term ofWithdrawal: None Attendance at a Driver Improvement Program may be used in lieu ofall or part of a suspension. '39:5-30.2 & NJAC '13:19-10.2(b)

Sanctions Following an Adjudication of a Speed Law Violation:(continued)

Miscellaneous SanctionsNot Included Elsewhere: Double Fines. (1) On a public highway with a speed limit of 65 MPH, thefine is double the usual amount if a person operates a motor vehicle =10MPH over this limit. '39:4-98.6 (2) The fine amount is double forexceeding ANY prima facie speed limit by =20 MPH. '39:4-98.7

Administrative Licensing Action:Licensing Authorized andType of Action: Suspension via a Point System9 '39:5-30.5 et seq.Length of Term ofLicensing Withdrawal: Suspension via a Point System-30 to 180 days '39:5-30.8 However, if aperson has had 3 suspensions within 3 years, discretionary suspension forup to 3 months. '39:5-30bMandatory Action--MinimumLength of License

points; and, third offense of unsafe driving-[points have not yet been established for this offense]. '39:4-97.2 and NJAC '13:19-10.1Alternative Licensing and Possible Registration Action. A person=s license or their vehicle=s registration certificate may be suspended orrevoked (for an indefinite period of time) under general provisions of the law which allows the State to take such action when a person hasviolated the traffic laws. ''39:5-30 & 39:5-31Preliminary Licensing Action. The State may issue a Apreliminary@ (immediate) license suspension without a hearing prior to any finalaction based on an allegation that a person has been committed either (1) a speeding offense where they exceed the authorized speed limit by20 MPH, (2) reckless driving or (3) careless driving where any of the Aalleged@ offenses resulted in either a death or a serious bodily injury toanother. An aggravated party may request a timely hearing on such preliminary action. '39:5-30(e)

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Withdrawal: None Attendance at a Driver Improvement Program with a $100 fee maybe used in lieu of all or part of a suspension. ''35:5-30.2 & 39:5-30.4 andNJAC '13:19-10.2(b)

Other: Double Fines. For racing on a public highway with a speed limit of 65MPH, the fine is double the usual amount. '39:4-98.6

Reckless Driving: (continued)Length of Term of LicenseWithdrawal Action: Suspension via a Point System-30 to 180 days '39:5-30.8 However, if aperson has had 3 suspensions within 3 years, discretionary suspension forup to 3 months. '39:5-30bMandatory Term of LicenseWithdrawal Action: None Attendance at a Driver Improvement Program with a $100 fee maybe used in lieu of all or part of a suspension. ''39:5-30.2 & 39:5-30.4 andNJAC '13:19-10.2(b)

Other: Double Fines. For a person, who commits reckless driving on a publichighway with a speed limit of 65 MPH, the fine is double the usualamount. '39:4-98.6

Administrative Licensing Actions:Type of Licensing Action(Susp/Rev): Suspension via a Point System9 '39:5-30.5 et seq.Length of term of LicenseWithdrawal Action: Suspension via a Point System-30 to 180 days '39:5-30.8 However, if a

10"Careless driving" is defined as operating "a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger,or be likely to endanger, a person or property." '39:4-97

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person has had 3 suspensions within 3 years, discretionary suspension forup to 3 months. '39:5-30bMandatory Term of LicenseWithdrawal Action: None Attendance at a Driver Improvement Program with a $100 fee maybe used in lieu of all or part of a suspension. ''39:5-30.2 & 39:5-30.4 andNJAC '13:19-10.2(b)

Other: Double Fines. For a person, who commits careless driving on a publichighway with a speed limit of 65 MPH, the fine is double the usualamount. '39:4-98.6

Administrative Licensing Actions:Type of Licensing Action(Susp/Rev): Suspension via a Point System9 For a 3rd or subsequent offense, points areadded to a person=s driving record. ''39:4-97.2 & 39:5-30.5 et seq.Length of term of LicenseWithdrawal Action: Suspension via a Point System-30 to 180 days '39:5-30.8 However, if aperson has had 3 suspensions within 3 years, discretionary suspension forup to 3 months. '39:5-30bMandatory Term of LicenseWithdrawal Action: None Attendance at a Driver Improvement Program with a $100 fee maybe used in lieu of all or part of a suspension. ''39:5-30.2 & 39:5-30.4 andNJAC '13:19-10.2(b)

Other:

11"[I]t shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.@'39:4-97.2

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Commercial Motor Vehicle (CMV) Operators12:

Grounds for Suspension: A person's privilege for operate a CMV is suspended if while driving sucha vehicle they either (1) commit 2 "serious traffic violations"13 within a 3year period or (2) commit 3 such violations within a 3 year period. '39:3-10.20(f)

Period of Suspension: 2 serious violations (within 3 years)-Not less than 60 days 3 seriousviolations (within 3 years)-120 days '39:3-10.20(f)

12A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercialmotor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of =26,001 lbs., isdesigned to transport 16 or more persons, is designed to transport >8 but <16 persons if used to transport persons for hire on a daily basis toand from places of employment, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S.Department of Transportation regulations. '39:3-10.1113A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. '39:3-10.11